Archuleta v. Wagner

(10th Cir. No. 07-1108, filed 04/29/2008). Jail deputy was not entitled to qualified immunity for performing a strip search of a woman jailed on an invalid warrant for someone else. Archuleta was arrested on a warrant for “DV-harassment”meant for Phyllis Rivera, a lesbian Hispanic female, 42-42 year…

Bautista v. Los Angeles County

10 S.O.S. 6749 (Profiled in Police Magazine 12/07/10). The Los Angeles County Sheriff's Department did not violate a deputy's First Amendment rights, when the agency fired him for maintaining a personal relationship with a known prostitute and heroin user, a district appellate court has ruled. Deput…

Massachusetts v. Dep't of Health and Human Services

Massachusetts v. Dep't of Health and Human Services (1st Cir. No. 10-2204, filed 05/31/12). Section 3 of the Defense of Marriage Act (DOMA) is ruled unconstitutional as a violation of equal protection, where: 1) intermediate scrutiny was not appropriate, but in areas where state regulation […]

Brooks v. Gaenzle

Brooks v. Gaenzle (10th Cir. No. 09-1489, filed 08/10/2010). Officers responded to a burglary in progress and were attempting to break down a door when someone shot through it at them. A black male, Brooks, fled the residence and did not heed officer's orders to stop, so they shot him but […]

Ashcroft v. Al-Kidd

Ashcroft v. Al-Kidd (No. 10-98, filed 5/31/11). The Federal Bureau of Investigation arrested Respondent Abdullah al-Kidd as a material witness in a terrorism case. Al-Kidd sued the former United States Attorney General, Petitioner John Ashcroft, alleging that he used the material witness […]

Weise v. Casper

Weise v. Casper (10th Cir. No. 09-1085, filed 01/27/10). In a Bivens action based on the exclusion of plaintiffs, by volunteers acting under government supervision, from a speech by then-President Bush, dismissal of the complaint based on qualified immunity is affirmed where plaintiffs failed […]

Blueford v. Arkansas

Blueford v. Arkansas (No. 10-1320, filed 05/24/12). The State of Arkansas brought charges against Alex Blueford for the murder of 20-month-old Matthew McFadden, Jr. Initially, the forewoman told the court that the jury unanimously agreed that Blueford had not committed capital murder or […]

Filarsky v. Delia

Filarsky v. Delia (No. 10-1018, filed 4/17/12). The United States Supreme Court held that a private attorney hired by the government to conduct an investigation was entitled to seek qualified immunity in defense of a Section 1983 claim. Delia was a firefighter who missed work for an extended […]